H*3646(Rat #0148, Act #0122 of 2005)  General Bill, By Parks, J.H. Neal, Allen, 
Davenport, Frye, Jefferson, Lee, Limehouse, Mack, Pinson, M.A. Pitts and 
F.N. Smith
 AN ACT TO AMEND SECTION 40-33-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO DEFINITIONS USED IN THE LICENSURE AND REGULATION OF NURSES,
 SO AS TO REVISE THE DEFINITIONS OF "ATTENDANT CARE SERVICES" AND "HEALTH
 MAINTENANCE ACTIVITIES"; AND TO AMEND SECTION 40-33-30, AS AMENDED, RELATING
 TO CIRCUMSTANCES TO WHICH THE CHAPTER DOES NOT APPLY, SO AS TO PROVIDE THAT
 THE CHAPTER MAY NOT BE CONSTRUED TO PROHIBIT AN UNLICENSED PERSON FROM
 PROVIDING ATTENDANT CARE SERVICES, WHICH ENABLE A PERSON TO REMAIN AT HOME AND
 WHICH ENABLE A PERSON TO CARRY OUT FUNCTIONS OF DAILY LIVING. - ratified title

   02/24/05  House  Introduced and read first time HJ-14
   02/24/05  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-14
   04/06/05  House  Committee report: Favorable Medical, Military,
                     Public and Municipal Affairs HJ-5
   04/07/05  House  Read second time HJ-11
   04/07/05  House  Unanimous consent for third reading on next
                     legislative day HJ-13
   04/08/05  House  Read third time and sent to Senate HJ-3
   04/12/05  Senate Introduced and read first time SJ-10
   04/12/05  Senate Referred to Committee on Medical Affairs SJ-10
   05/25/05  Senate Committee report: Favorable Medical Affairs SJ-29
   05/26/05  Senate Read second time SJ-317
   05/31/05  Senate Read third time and enrolled SJ-25
   06/01/05         Ratified R 148
   06/03/05         Signed By Governor
   06/09/05         Copies available
   06/09/05         Effective date 06/03/05
   06/16/05         Act No. 122

(A122, R148, H3646)

AN ACT TO AMEND SECTION 40-33-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE LICENSURE AND REGULATION OF NURSES, SO AS TO REVISE THE DEFINITIONS OF "ATTENDANT CARE SERVICES" AND "HEALTH MAINTENANCE ACTIVITIES"; AND TO AMEND SECTION 40-33-30, AS AMENDED, RELATING TO CIRCUMSTANCES TO WHICH THE CHAPTER DOES NOT APPLY, SO AS TO PROVIDE THAT THE CHAPTER MAY NOT BE CONSTRUED TO PROHIBIT AN UNLICENSED PERSON FROM PROVIDING ATTENDANT CARE SERVICES, WHICH ENABLE A PERSON TO REMAIN AT HOME AND WHICH ENABLE A PERSON TO CARRY OUT FUNCTIONS OF DAILY LIVING.

Be it enacted by the General Assembly of the State of South Carolina:

Definitions revised

SECTION    1.    Section 40-33-20(11) and (30) of the 1976 Code, as amended by Act 225 of 2004, is further amended to read:

"(11)    'Attendant care services' means those basic and ancillary services that enable an individual in need of in-home care to live in the individual's home and community rather than in an institution and to carry out functions of daily living, self-care, and mobility.

(30)    'Health maintenance activities' include, but are not limited to, catheter irrigation, administration of medications, enemas and suppositories, and wound care, if these activities could be performed by an individual if the individual were physically and mentally capable."

Chapter exemptions

SECTION    2.    Section 40-33-30(D)(9) of the 1976 Code, as amended by Act 225 of 2004, is further amended to read:

"(9)    a person not licensed under this chapter from providing attendant care services directed by or on behalf of an individual in need of in-home care; and"

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 1st day of June, 2005.

Approved the 3rd day of June, 2005.